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(영문) 서울중앙지방법원 2016.11.04 2013가단7200

손해배상(자)

Text

1. The Defendant’s KRW 27,614,856 for the Plaintiff and KRW 2.9% per annum from January 29, 2013 to November 4, 2016.

Reasons

1. Occurrence of liability to pay insurance proceeds;

A. The facts of recognition 1) B are as follows: B around 19:20 on September 4, 2009: C Oba (hereinafter “Obabain”)

) While driving the vehicle and driving the vehicle in front of the Emart apartment complex in front of the Emart apartment complex in the Jinjin-gu Seoul Metropolitan City, in order to cross the road at a speed of 50km from the surface of Songcheon-gu to the surface of the apartment house in Busan Metropolitan City, the vehicle was found to be late from the plaintiff who returned to the left side from the right side of the Emba in order to cross the road to the left side of the road, but it did not reach the above part of the Emba in order to get the plaintiff go beyond the road (hereinafter referred to as the “instant accident”).

2) The Plaintiff suffered injury to the right side side side side of the instant accident, such as the high ionion, etc.

3) The Hyundai Marine Fire Insurance Co., Ltd., Ltd. (hereinafter referred to as “Nuri Sea Fire”).

(4) On February 17, 2009, the Plaintiff and the Defendant entered into an automobile comprehensive insurance contract including a non-life insurance policy with the effect that the Plaintiff compensates for the loss incurred by the death or injury of a registered insured and his/her spouse, children, etc. due to an accident resulting from an non-life insurance (hereinafter “instant terms and conditions”) up to KRW 200 million per person as stipulated in the terms and conditions.

The main contents of the instant terms and conditions are as shown in the attached Form (1).

[Reasons for Recognition] Unsatisfy, Gap 1-4, 7, 15 evidence, Eul 1-3 evidence (including provisional number), the purport of the whole pleadings

B. According to the above facts, the Plaintiff suffered injury due to the instant accident that occurred by a non-insured automobile, and thus, the Defendant, as an insurer, is obliged to pay the Plaintiff insurance proceeds pursuant to the non-insured injury security special agreement.

C. The Plaintiff’s negligence: (a) the passage of vehicles and otobs, etc. after sunset is frequent.